Metering Supervision And Administration

Original Language Title: 加油站计量监督管理办法

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(December 31, 2002 the State General Administration of quality supervision, inspection and quarantine announced, 35th) first in order to strengthen the metering supervision, standardizing metering, maintenance of national retail tax revenue collection order, protect the legitimate rights and interests of consumers, in accordance with the People's Republic of China metrology and given the responsibilities of the State administration of quality supervision, inspection and quarantine of the State Council, these measures are formulated.
    Second approach applies to People's Republic of China in the operation of petrol filling stations in the territory of the measuring instrument, oil measurement and relative measurement supervision and administration activities.
    Gas station mentioned in these measures refers to the use of retail fuel dispensers such as instruments of fixed places.
    Third State General Administration of quality supervision, inspection and quarantine of the country shall exercise unified supervision and management metering.
    Local quality and technical supervision departments at and above the county level shall supervise and administer the metering work within their respective administrative areas.
    Fourth service station retail business should ensure that measuring instruments and the retail amount of accurate, law-abiding business, honest service.
    State encourages oil operators improve the measurement system to ensure oil measurement is accurate.
    Fifth gas station operator shall comply with the following provisions: (a) comply with laws, rules and regulations of measurement developed metering system of management and protection of consumers ' rights and interests, the maintenance and management of the measuring instruments used, accept the metrological supervision of quality and technology supervision departments. (B) is equipped with (and) level measurement personnel, is responsible for the measurement of the gas station management.
    -Station measurement personnel shall be subject to the provincial quality and technical supervision departments to organize businesses of measurement knowledge training, certified.
    (C) use mandatory verification of measuring instruments shall be inventoried to local quality and technical supervision departments, and with the quality and technical supervision Department and its designated legal metrological verification body completes the compulsory examination work.
    (D) using measuring instruments such as fuel dispensers shall have manufactured measuring instruments logo, serial number and product verification certificate of competency or imported measuring instruments fuel tanker installation is reported by the local quality and technical supervision departments authorized by the standards of legal metrological verification institution, may be put into use.
    (E) maintenance fuel dispensers, repair of units shall be qualified as having a legitimate repair, repair of fuel dispensers shall be submitted to the compulsory certification of legal metrological verification institution after passing the test, can be put back to use.
    (Vi) may not use illegal measurement units, may not use the provisions of the State Council abolished the illegal measurement units of measurement instruments and countries has been officially eliminated, or the prohibition of the use of measuring instruments used for the transfer of oil trading.
    (VII) shall not be used without the test, more than test cycle or by franchising failure of measuring instruments and not failure of measuring instruments and lead (check), it may not change fuel dispenser Assembly and disassembly, unauthorized alteration of fuel dispensers shall not be used, not fraud. (H) during the retail, fuel tankers and other measuring instruments should be used, and express units of measurement, the measuring process and shows the amount of the value of measuring instruments shall not be estimated billing.
    Settlement of retail value should be consistent with the actual value, the deviation shall not exceed the tolerances set by the State; the national deviations of measurement does not provide, the deviation shall not exceed the permissible error of the measurement instruments used.
    (I) applying for verification of measuring instruments, items and standards should be approved by the commodity price departments pay a fee.
    Sixth levels of quality and technical supervision departments to carry out metrological supervision and administration shall comply with the following provisions: (a) advocacy measurement laws, rules and regulations, assist and supervise the gas station proprietor in metering laws, regulations and requirements of the relevant provisions, measurement of gas station management.
    (B) the gas station and oil products sales of measuring instruments metrology and metrological supervision and administration of the related metering activities, quantitative inspection of law enforcement, combat metering violations.
    (C) guided station perfect measurement assurance capacity, encourage provincial quality and technical supervision departments to perfect the measurement test system for gas stations to carry out "gas stations and measurement trustworthy."
    (D) the measurement complaints, is responsible for the verification of measurement dispute mediation and arbitration. The seventh metrological verification institution in carrying out the verification, testing and metrological verification personnel work, shall comply with the following provisions: (a) in accordance with national metrological verification, complete verification within the time limit specified, issue a calibration certificate, and affixed on the fuel dispenser inspection mark.
    Found in implementing the verification seal damage should be immediately reported to the relevant quality and technology supervision departments.
    (B) without passing the examination shall not be used or expired measurement standard certification.
    (C) may not be assigned without metrological certificate of personnel engaged in metrology.
    (D) shall not adjust the calibration cycle without undue delay calibration time must not exceed standard rate.
    Eighth, consumers gas station fuel dispensers, accuracy of measuring instruments and any divergence in retail sales of refined oil products, in the case of keep the site intact and arbitrative examination of application to quality and technology supervision departments, and may be based on quality and technical supervision departments of the arbitrative examination results, demand compensation from the gas station operators.
    Nineth gas station operators in violation of these regulations the relevant provisions shall be carried out according to the following penalties: (a) disobey the fifth paragraph (c) provides, correction, and a 1000 Yuan fine. (B) disobey the fifth paragraph (d) provides that use of measuring instruments marked, numbered and shipped product certification is not complete or an absence of imported measuring instruments calibration certificates for measuring instruments, ordered to stop the use, measuring instruments and all illegal gains shall be confiscated, and concurrently impose a fine of less than 2000 Yuan.
    Fuel dispensers after installation are not subject to legal metrological verification institution authorized by the quality and technology supervision departments enforce standards that is put into use, ordered to stop the use, and shall also be fined a maximum of 5000 Yuan; causes losses to the State and consumers, be ordered to pay damages, and shall also be fined a maximum of 5000 Yuan more than 30000 Yuan.
    (C) in violation of these regulations the fifth (v) States, correction and stop use, and shall also be fined a maximum of 5000 Yuan; losses caused to consumers, be ordered to pay damages, and shall also be fined a maximum of 5000 Yuan more than 30000 Yuan.
    (D) violating these rules article fifth (f) provided, shall be ordered to correct and to stop using the confiscation of all measuring instruments and illegal income, and 10% to 50% of the illegal proceeds. (E) disobey the fifth paragraph (g) provides, without the test, more than test cycle or by franchising failure of measuring instruments, and ordered to stop using, and a 1000 Yuan fine.
    Damage measurement apparatus and lead (signed) seal, unauthorized changes, and disassembly fuel refueling machine, using without approved and changes of fuel refueling machine, and fraud, and to consumers caused loss of, ordered its compensation loss, and according to People's Republic of China measurement method implementation rules 51st article provides be punishment; plot serious of, drew attention to the provincial trade sector and business administration sector revoked gas station oil retail business approved certificate and license; constitute crime of, law held criminal.
    (Six) violation this approach fifth article subsection (eight) items provides, not using measurement apparatus of, deadline corrected, late not modified of, at 1000 Yuan above 10000 Yuan following fine; oil retail volume of settlement value and actual value of poor over national provides allows errors of, ordered corrected, to consumers caused loss of, ordered its compensation loss, and sentenced illegal proceeds 3 times times following, and highest not over 30000 Yuan of fine.
    Tenth station operators in violation of the rules, refusing to provide retail accounts or present false accounts, making it difficult for illegal gains calculation, according to the seriousness of the violation punishable by fines of up to 30000 Yuan.
    11th engaged in filling the metrological supervision and administration of State abuse of power, negligence, malpractice, a minor disciplinary sanction constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 12th metering instruments for verification bodies and Metrology personnel measurement laws and regulations and these regulations have been contravened, punishments in accordance with the measurement rules and regulations will be punished.
    13th article of the rules of administrative punishment decided by the local quality and technical supervision departments above the county level.
    Local quality and technical supervision departments above the county level in accordance with this approach the implementation of administrative punishments, must comply with the State General Administration of quality supervision, inspection and quarantine on the relevant provisions of the administrative procedure.
    14th administrative penalties stipulated in administrative relative person is dissatisfied, he may apply for administrative reconsideration or bring an administrative suit.
    15th article II herein gas station outside of the oil depot, refueling ships, mobile gas refueller, refueling and other measuring instruments, oil product sales in the refined oil business measurement and metrology activities related to the supervision and administration in accordance with the measures implemented.
    Tanker inspection of the 16th article of the regulation patterns stipulated by the State administration of quality supervision, inspection and quarantine.
    17th this approach by the State administration of quality supervision, inspection and quarantine is responsible for the interpretation.
                                                                          18th these measures shall come into force on February 1, 2003.

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